IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-30032
Summary Calendar
BRIAN K. CHISHOLM,
Plaintiff-Appellant,
versus
C. COLL, Badge # 375,
Defendant-Appellee.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 96-CV-976
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August 19, 1997
Before JONES, SMITH, and STEWART, Circuit Judges.
PER CURIAM:*
Brian K. Chisholm, Louisiana prisoner # 323477, argues that
the district court erred in dismissing his 42 U.S.C. § 1983
excessive-force claim against the defendant Deputy Coll.
Chisholm contends that he established that he was injured by the
defendant’s use of excessive force.
Chisholm did not file specific objections to the factual
findings and legal conclusions of the magistrate judge.
Therefore, the dismissal of his suit must be reviewed for plain
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 97-30032
-2-
error only. See Douglass v. United Services Auto. Ass’n, 79 F.3d
1415, 1428-29 (5th Cir. 1996)(en banc).
Chisholm has not demonstrated that the district court
plainly erred in rejecting the verity of Chisholm’s testimony and
in determining that Deputy Coll used a reasonable degree of force
to control a discipline problem created by Chisholm. Nor has
Chisholm demonstrated that the district court plainly erred in
determining that Chisholm did not suffer a serious injury as a
result of the incident. The district court’s factual findings
support its legal conclusion that Deputy Coll did not employ
excessive force in violation of Chisholm’s constitutional rights.
See Rankin v. Klevenhagen, 5 F.3d 103, 106 (5th Cir. 1993).
Nor has Chisholm shown that the district court plainly erred
in its determination that the use of offensive language by the
deputy was not sufficient to give rise to a constitutional
violation. Mere allegations of verbal abuse and threats by
prison officials do not state a claim under § 1983. See Bender
v. Brumley, 1 F.3d 271, 274 n.4 (5th Cir. 1993). Chisholm has
not demonstrated that the district court committed error, plain
or otherwise.
AFFIRMED.